Decision  Pedro Ferreira v. Forrest Homes of Massachusetts

Date:	09/04/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 026203-04
Location:	Boston
Referenced Sources:	Pedro Ferreira v. Forrest Homes of Massachusetts Pedro Ferreira v. Forrest Homes of Massachusetts

• Employee: Pedro Ferreira
• Employer: Forrest Homes of Massachusetts
• Insurer: Granite State Insurance Co.

HORAN, J. In Ferreira v. Forrest Homes of Massachusetts, 22 Mass. Workers' Comp. Rep. ___ (June 18, 2008), we affirmed an administrative judge's denial and dismissal of the employee's claim, with prejudice, due to the unjustified failure of the employee and his attorneys to appear on the date set for the § 11A hearing. We further found the employee's attorneys had violated § 14(1)¹ by filing and pursuing the appeal of the judge's hearing decision without reasonable grounds. We retained jurisdiction of the case for the sole purpose of determining "the whole cost of the proceedings" due under § 14(1).

¹ General Laws c. 152, § 14(1), provides, in pertinent part:

If any . . . administrative law judge determines that any proceedings have been brought . . . by an employee or counsel without reasonable grounds, the whole cost of the proceedings shall be assessed against the employee or counsel, whomever is responsible.